A District Court Judge recommended by Republican Senators Joni Ernst and Chuck Grassley blocked enforcement of an Iowa law intended to prohibit sexually explicit materials from schools and instruction about gender identity and sexual orientation to students in grades K-6.
Judge Stephen Locher, whom Ernst and Grassley referred to as an “outstanding” selection, blocked the state from enforcing provisions related to books that depict sex acts as well as the restrictions on sexual orientation and/or gender identity instruction to little kids.
The ACLU noted the judge determined the so-called “book ban” likely violates the First Amendment and the ban on instruction related to gender identity and sexual orientation is “unconstitutionally vague and overbroad.”
“We are glad our clients, Iowa families, and students will be able to continue the school year free from the harms caused by these parts of this unconstitutional law,” said Nathan Maxwell, senior attorney for Lambda Legal. “This decision sends a strong message to the state that efforts to ban books based on LGBTQ+ content, or target speech that sends a message of inclusion to Iowa LGBTQ+ students cannot stand. Lambda Legal and the ACLU of Iowa will continue our fight to ensure Iowa schools are safe for LGBTQ+ students.”
In the ruling, Locher wrote that SF496 is “incredibly broad and has resulted in the removal of hundreds of books from school libraries, including, among others, nonfiction history books, classic works of fiction, Pulitzer Prize-winning contemporary novels, books that regularly appear on Advanced Placement exams and even books designed to help students avoid being victimized by sexual assault.”
“The sweeping restrictions in Senate File 496 are unlikely to satisfy the First Amendment under any standard of scrutiny and thus may not be enforced while the case is pending,” the judge wrote. “Indeed, the Court has been unable to locate a single case upholding the constitutionality of a school library restriction even remotely similar to Senate File 496.”
Under the new law, teachers are not in any way restricted from providing programs, promoting and/or instructing on gender identity and sexual orientation to students in grade seven and above. Teachers in those grades can continue to display rainbow flags, provide instruction on gay and transgender rights and perform responsibilities in a “manner that emphasizes inclusiveness and respect for LGBTQ+ students in grades seven and above.”
With “gender identity” and “sexual orientation” defined in a “neutral way,” Locher wrote it makes no distinction between cisgender or transgender identity or gay or straight relationships, meaning the law forbids any programs, promotion or instruction recognizing that anyone is male or female or in a relationship of any sort.
“The statute is therefore content-neutral but so wildly overbroad that every school district and elementary school teacher in the State has likely been violating it since the day the school year started,” Locher wrote. “This renders the statute void for vagueness under the due process clause of the Fourteenth Amendment because the State will have unfettered discretion to decide when to enforce it and against whom.”
Locher did not block the part of the law that requires schools to notify parents if a child asks for use of pronouns that do not align with the registration records. Locher denied blocking that portion because the students who filed the lawsuit have already come out to their parents and are not affected by the law.
Iowa Gov. Kim Reynolds said she is “extremely disappointed” in the ruling.
“Instruction on gender identity and sexual orientation has no place in kindergarten through sixth-grade classrooms,” Reynolds said. “And there should be no question that books containing sexually explicit content — as clearly defined in Iowa law — do not belong in a school library for children.
“The fact that we’re even arguing these issues is ridiculous. The real debate should be about why society is so intent on over-sexualizing our young children. It’s wrong, and I will continue to do my part to protect their innocence.”
This ruling blocks the law until the case can be heard and decided.
Of course those 2 fail us again. They voted for every CR and most of other spending bill pushing us over the financial cliff
Thank you 2 once again!!!!!!! PATHETIC